Opinion
CASE NO.: 1:11-CR-0406 LJO SKO
07-16-2012
UNITED STATES OF AMERICA, Plaintiff, v. JOHN MARCUS DESENBERG, Defendant.
BENJAMIN B. WAGNER United States Attorney KIRK E. SHERRIFF Assistant U.S. Attorney Attorneys for Plaintiff the United States DANIEL J. BRODERICK Federal Defender PEGGY SASSO Assistant Federal Defender Attorneys for defendant John Marcus Desenberg
BENJAMIN B. WAGNER
United States Attorney
KIRK E. SHERRIFF
Assistant U.S. Attorney
Attorneys for the
United States of America
STIPULATION AND ORDER
CONTINUING HEARING RE
RESTITUTION
Old Date: July 20, 2012
New Date: August 20, 2012
Court: Four
(Hon. Lawrence J. O'Neill )
Plaintiff the United States of America, and defendant JOHN MARCUS DESENBERG, by and through their respective counsel of record, hereby agree and stipulate to continue the hearing on July 20, 2012, which was set to address restitution amounts, to the date of the Sentencing Hearing already set in this case, which is August 20, 2012, at 1:30 p.m. in Courtroom Four.
Pursuant to the plea agreement, the parties agreed to the applicable loss range for purposes of USSG § 2B1.1. The grounds for this stipulation are that the parties now believe that any remaining issues concerning the restitution or loss amounts in this case should be addressed first through informal objections to the Probation Office, and through formal objections if necessary, and the parties expect that process may resolve or at least narrow any remaining issues in dispute. To the extent any disputed issues remain after this process, the parties anticipate they could be addressed through an evidentiary hearing at the Sentencing Hearing, which is already set for August 20, 2012. The parties accordingly believe that the requested continuance would conserve time and resources for the Court, counsel, and witnesses, as the hearing on July 20 would be premature and concerns issues on which disputes may be narrowed or resolved if the continuance is granted.
IT IS SO STIPULATED.
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
By: ______________
KIRK E. SHERRIFF
Assistant U.S. Attorney
Attorneys for Plaintiff
the United States
DANIEL J. BRODERICK
Federal Defender
By: (authorized on 7/13/12)
PEGGY SASSO
Assistant Federal Defender
Attorneys for defendant
John Marcus Desenberg
ORDER
Good cause having been established, the matter set for hearing in this case on July 20, 2012 is continued to the date of the Sentencing Hearing, on August 20, 2012, at 1:30 p.m., in Courtroom Four.
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE